![CL-2015-000047 - [2025] EWHC 2724 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
Heading
Royal Courts of Justice
Rolls Building, Fetter Lane,
London, EC4A 1NL
Before :
THE HONOURABLE MR JUSTICE HENSHAW
Between:
(1) ALTA TRADING UK LIMITED (formerly known as ARCADIA PETROLEUM LIMITED) (4) FARAHEAD HOLDINGS LIMITED | Claimants |
- and - | |
(1) PETER MILES BOSWORTH (3) STEPHEN CLIVE LANGFORD GIBBONS | Defendants |
David Quest KC, Clarissa Jones and Chinmayi Sharma (instructed by Reed Smith LLP) for the Claimants
Richard Eschwege KC and Charles Wall (instructed by Quinn Emanuel Urquhart & Sullivan UK LLP) for the First and Second Defendants
Tom Sprange KC and Freddie Popplewell (instructed by King & Spalding International LLP) for the Fifth and Ninth Defendants
The Seventh and Eighth Defendants did not appear and were not represented
Hearing date: 7 October 2025
Draft judgment circulated to parties: 17 October 2025
Approved Judgment
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Mr Justice Henshaw:
(A) INTRODUCTION 3
(B) BASIS OF THE APPLICATIONS TO AMEND 4
(C) LEGAL PRINCIPLES 10
(1) Permission to amend 10
(2) Striking out 10
(3) Stays of proceedings 11
(4) Damages in an Inquiry 11
(5) The ‘Own Wrong’ Principle 17
(6) “Sole cause” 23
(D) ANALYSIS 23
(1) Own wrong argument 23
(2) Sole cause argument 27
(3) Unsuccessful freezing order application counterfactual 28
(4) Other amendments 29
(E) STAY OF PROCEEDINGS 29
(F) FURTHER INFORMATION 30
(1) Approach 30
(2) D1/D2 requests (pursued and contested) 33
(3) D5 requests (pursued and contested) 35